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South Dakota Public Utilities Commission Meeting
April 13, 2021, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

NOTE:  Docket participants who wish to join this meeting by conference call should contact the Commission at 605-773-3201 by 5:00 p.m. CDT on Monday, April 12, 2021, to reserve a phone line. Lines are limited and assigned on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in docket discussion at the Commission Meeting and a line is not available, you may have to appear in person. 

NOTE:  To listen to the Commission Meeting live please go to the PUC’s website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the webcast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC’s website under the Commission Actions tab. Click on “Commission Meeting Archives,” to access the recordings.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

AGENDA OF COMMISSION MEETING

Consumer Reports

1.      Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

Telecommunications

1.      TC21-007      In the Matter of the Application of RC Technologies for an Amended Eligible Telecommunications Carrier Designation in the Milbank Exchange (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

         On February 10, 2021, the Commission received an application from RC Technologies requesting to amend its designation as an Eligible Telecommunications Carrier (ETC) to update the name of the designated carrier to RC Technologies and to specifically include census blocks awarded to RC Technologies in the Federal Communications Commission’s recent Rural Digital Opportunity Fund (RDOF) Phase 1 Auction support as shown in Exhibit A. RC Technologies has been awarded RDOF support for 46 census blocks within the Milbank exchange. On March 17 and April 6, 2021, RC Technologies responded to staff’s data requests.

         TODAY, shall the Commission approve RC Technologies’ application to amend the name of its ETC designation in the Milbank exchange to RC Technologies and specifically include in the RC Technologies’ current ETC designation the RDOF census blocks as listed in Exhibit A of the application?

2.      TC21-009        In the Matter of the Application by Venture Vision Inc. for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         On February 19, 2021, the Commission received an application from Venture Vision Inc. (Venture) requesting designation as an Eligible Telecommunications Carrier pursuant to 47 U.S.C. §214(e)(l)-(2), SDCL § 49-31-78, A.R.S.D. 20:10:32:42-43 in all census blocks in which it was awarded Rural Digital Opportunity Fund (RDOF) Phase 1 support as shown in Exhibit A. Venture has been awarded RDOF support for 101 census blocks in 6 census block groups within Hughes and Spink counties. On March 23, 2021, Venture responded to staff’s first data request.

         TODAY, shall the Commission approve Venture Vision Inc.’s application for designation as an Eligible Telecommunications Carrier for the areas shown on Exhibit A of the application?

Administration

1.      AA21-001       In the Matter of Clarification of the Commission’s ETC Certification Process (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

         In Docket TC13-027, the Commission waived certain ETC requirements for years 2013, 2014, and 2015, in response to the Federal Communications Commission’s changes in annual reporting requirements. Since 2016, this clarification process has been decided in dockets AA16-002, AA17-001, AA18-001, AA19-001, and AA20-001. In Docket AA20-001, the Commission voted to continue the waivers of ARSD 20:10:32:54 (8) and (9) for 2019, as well as waive the June 1 filing deadline as set forth in ARSD 20:10:32:52 and allow ETCs to file their annual certifications on or before July 1. On March 9, 2021, Commission staff filed a letter opening this docket and requesting clarification as to how the companies should proceed in 2021.

         TODAY, shall the Commission waive certain certification requirements as found in ARSD 20:10:32:54 and the filing deadline as found in ARSD 20:10:32:52? OR, how shall the Commission proceed?

Electric

1.      EL19-026        In the Matter of the Application by Tatanka Ridge Wind, LLC for a Permit of a Wind Energy Facility in Deuel County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber, Joseph Rezac; Staff Attorneys: Kristen Edwards, Amanda Reiss)

         On June 17, 2019, the Commission received an Application for a Facility Permit (Application) from Tatanka Ridge Wind, LLC (Tatanka or Applicant), a subsidiary of Avangrid Renewables, LLC. Tatanka proposes to construct a wind energy facility to be located in Deuel County, South Dakota, known as the Tatanka Ridge Wind Project (Project). The total installed capacity of the Project would be approximately 155 megawatts (MW) of nameplate capacity. A public input hearing was held on August 7, 2019. On November 27, 2019, the Commission issued a Final Decision and Order Granting Permit to Construct Facility; Notice of Entry (Permit). Pursuant to Condition 29 of the Permit, Applicant is required to file a post-construction report within 90 days after the Project’s commercial operation date. On March 31, 2021, Applicant filed a Motion for Extension to comply with Condition 29 until August 5, 2021. 

         TODAY, shall the Commission grant the Motion for Extension? OR, how shall the Commission proceed?

2.      EL21-011        In the Matter of the Application of Black Hills Power, Inc., dba Black Hills Energy to Amend its Cogeneration and Small Power Production Service Tariff (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)

         On March 19, 2021, the Commission received an application from Black Hills Power, Inc., dba Black Hills Energy (Black Hills) requesting approval to amend its existing Cogeneration and Small Power Production Service Tariff to become its QF Service Tariff. Black Hills states this amendment will put in place conditions of service for customers installing behind-the-meter generation that are fair for all Black Hills customers. Black Hills proposes the revised rates and terms of service be effective for qualifying generation facilities placed into operation on or after June 1, 2021, and that existing customers with qualifying facilities be exempt from the terms of the amended QF Service Tariff until May 31, 2041.

         TODAY, shall the Commission grant intervention to any party that may have filed? 

Rule Making

1.      RM19-001       In the Matter of the Adoption of Rules Regarding Rate Filing, Energy Facility Plans, Siting Rules, Local Exchange Competition, Telecom Services, Pipeline Safety, and Stray Voltage (Commission Attorney: Adam de Hueck)

         The Commission is proposing to adopt rules numbered 20:10:01:41, 20:10:01:41 .1, 20:10:13:17, 20:10:13:19, 20:10:21:04, 20:10:22:01, 20:10:22:05, 20:10:22:33.01, 20:10:22:33.02, 20:10:32:54, 20:10:35:08, 20:10:37:18, 20:10:39:07, 20:10:39:08, 20:10:21:22, 20:10:37:10, 20:10:37:17, 20:10:37:19. The effect of the rules will be to improve and update existing rule language pertaining to: confidentiality, rate filing, energy facility plans, siting rules, local exchange competition, telecom services, pipeline safety, and stray voltage. A public hearing was held in Room 413, of the State Capitol in Pierre, South Dakota, on March 24, 2021, at 9:30 a.m., to consider the adoption and amendment of the proposed rules. Following the hearing, PUC staff, NorthWestern Energy, MidAmerican Energy, Montana-Dakota Utilities, Basin Electric, and the South Dakota Rural Electric Association filed written comments. On March 31, 2021, the Commission attorney filed a clean and indexed version of the rules.

         TODAY, shall the Commission make any changes to the proposed rules? And, shall the Commission adopt final rules regarding Rate Filing, Energy Facility Plans, Siting Rules, Local Exchange Competition, Telecom Services, Pipeline Safety, and Stray Voltage?

Items for Commission Discussion

Public Comment

Individuals who wish to make public comments to the commission may do so during this time. All who offer public comments are requested to sign in at the commission meeting or let the commission know of their wish to speak when they call in to reserve a phone line. Time limits for comments may be determined at the discretion of the commission.

Announcements

1.   The next regular commission meeting will be Thursday, April 29, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

2.   Commission meetings are scheduled for May 13 and 25, 2021.

 

 /s/ Cindy Kemnitz                   .

Cindy Kemnitz
Finance Manager
puc@state.sd.us
April 7, 2021